BIPS Press Release on the Seminar on “Constitutional Reforms for Transition to Democratic Governance.”

Press Release on Seminar on “Constitutional Reforms for Transition to Democratic Governance,” organized by the Bangladesh Institute of Policy Studies, held on October 19, 2024 at the CIRDAP Auditorium, Dhaka

The Bangladesh Institute of Policy Studies (BIPS) organized a seminar titled “Constitutional Reforms for Transition to Democratic Governance” on October 19, 2024, at the CIRDAP auditorium. Speakers at the seminar emphasized the need for targeted reforms rather than a complete overhaul of the constitution to facilitate the country’s transition to democratic governance.

The seminar featured Justice M. A. Matin, retired judge of the Bangladesh Supreme Court, as the keynote speaker. Retired Justice Syed M. Dastagir Husain of the same court presided over the event. Mahfuz Anam, editor of The Daily Star, was the special guest, while BIPS Chair, Professor CAF Dowlah, delivered the welcome address. The panel of designated discussants included Professor Sheikh Hafizur Rahman Karzon from Dhaka University, and Dr. Uttam Kumar Das and Mr. Golam Mostafa, both advocates of the Bangladesh Supreme Court.

In his keynote address, Justice M. A. Matin highlighted the importance of constitutional reform following the recent Student-People Revolution that led to the ousting of Sheikh Hasina’s government. He stressed that the revolutionary forces have the legitimate authority to either amend parts of the current constitution or draft a new one that aligns with their vision for the country’s governance. He criticized the tendency of political parties to manipulate electoral processes, noting that “those who come to power are always scared of elections.”

Justice Matin also voiced concerns about the adoption of a state religion, arguing that the State, as an institution, cannot subscribe to a religion without violating the constitution’s equality clause. Additionally, he criticized the dual administration of the judiciary and called for a balance of power between the Prime Minister and the President, emphasizing that the President is deprived of meaningful authority under the current system.

Professor CAF Dowlah, in his remarks, supported the need for targeted reforms to prevent the resurgence of autocracy or dictatorship. He argued for a truly independent Election Commission and a stronger separation of powers between the executive, legislative, and judicial branches. Dr. Dowlah also advocated for a Presidential Form of government, bicameral legislature, and the inclusion of a Due Process of Law clause like that in the U.S. Constitution, ensuring that no citizen is deprived of life, liberty, or property without proper legal procedures and that arrests cannot be made without a court order.

Dr. Dowlah criticized the interim government’s formation of the Constitutional Reform Commission, describing it as “deeply flawed.” He pointed out that the commission is led by a political scientist when such a body should be chaired by a distinguished legal expert to ensure the integrity of the nation’s supreme legal document.

Mahfuz Anam, in his speech, underscored the importance of internal democratization within political parties, calling for an end to authoritarian practices that allow the same individuals to retain leadership positions indefinitely without accountability. He emphasized that the existing constitution can be made more democratic and insert measures in it to stop emergence of autocracy in the future.

Justice Syed M. Dastagir Husain, presiding over the seminar, expressed concern over the lack of proper implementation of the constitution. He urged the Interim Government to make the reforms without wasting time, and remarked that empty words and superficial commitments will not bring about real change.

The seminar concluded with a call for urgent and meaningful reforms to ensure Bangladesh’s transition to a stable and democratic system of governance.